Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2981 of 2018 Arising Out of PS.Case No. -359 Year- 2017 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Rahul Kumar, Son of Ram Prasad Mahto, Resident of VillageThakurniya, Police Station- Sadar, (Bhalpatti O.P.), DistrictDarbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman For the Informant : Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner, learned counsel representing the informant and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Darbhanga Sadar P.S. Case No.359 of 2017

Patna High Court Cr.Misc. No.2981 of 2018 (3) dt.12-02-2018 registered under Sections 324, 326, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner has argued that nobody has seen the occurrence and in fact this petitioner has taken the injured to the hospital on his own motorcycle. He further submits that even place of occurrence has not been identified.

On the other hand learned counsel for the informant and the State opposed the prayer for bail and submit that this is not the stage where the submissions of learned counsel for the petitioner may be considered. The facts which are evident from the fardbeyan of the injured and the materials collected during the course of investigation shows that there is an allegation of firing against this petitioner which hit the left side of the chest of the informant and witnesses have stated that the informant was found in pool of blood at the shop of the petitioner. This being the position, I am not inclined to grant anticipatory bail to the petitioner.

The application is dismissed.

Patna High Court Cr.Misc. No.2981 of 2018 (3) dt.12-02-2018 If the petitioner surrenders in the court below within four weeks and prays for regular bail, then the same shall be considered on its own merit without being prejudiced by the present order.

(Rajeev Ranjan Prasad, J) Arvind/- U T